If you drive on the roads, you will know first-hand that accidents are unfortunately a daily occurrence, and can happen out of nowhere. Regardless of how experienced you are as a driver, there are some situations where even the best drivers can fall victim to a road accident. The United Kingdom has some of the safest roads, though each year there are still a large number of accidents that take place on them.
Luckily, most road accidents are not too serious, and vehicles suffer only little damage such as a dented wing or other exterior damage. However, there are times when road accidents can be a little more serious, sometimes even fatal, and it’s very important that you are aware of what is involved when it comes to making an insurance claim, especially in situations where the accident is the fault of the other party.
Why you would make a claim
If you are travelling in a car or another vehicle and were involved in an accident that resulted in your picking up any form of injury, then you are able to make a claim. It does not matter if you were a passenger inside the vehicle, or the one driving it.
Passengers are more likely to succeed in a claim as in most cases, the accident would not have been their fault. It is difficult to prove that a person is the cause of an accident when they had no control over the vehicle. It is also possible for children to make a claim if they have been injured in a car accident, though those who are under the age of 18 years will have to have someone carry out the claim on their behalf.
You can even make a claim if you were a pedestrian who was injured in a road accident. However, it will need to be established that this person was not the cause of the accident, such as by running out into the road.
Elements involved in every accident claim
When it comes to road accidents and placing a road accident claim, there are two elements that make up the claim. The first is with regards to establishing who is liable for the accident. Liability is the first thing that needs to be established by any solicitors who are processing a claim, as this is where the fault of the accident will lie.
Most of the time, it is a straightforward process to determine liability, but other times, in more unusual accidents, it can be a little more complicated, and this is where you will want to be represented by a law firm that has a lot of experience in road accidents.
The second element of an accident claim is figuring out how much a claim is worth. This process is known as quantum, and takes place once liability for the accident has been established. All claims will need to be valued, and a settlement figure will need to be agreed with the other party.
The types of damages you could be entitled to
There are two types of quantum – general and special damages. General damages, as the name suggests, is the general payout that you will receive in order to help the recovery of your injuries. Special damages are what will cover any loss of earnings of additional expenses that you will have experienced due to the results of the road accident. Below we will take a close look at the two types of payouts that you could be entitled to.
As mentioned previously, these are the damages that you could be entitled to which will be recoverable due to your injury. In most cases, a medical specialist will be assigned to examine you and prepare a detailed report of your condition and any injuries found for the claim.
If you require any specialized treatment to help with your recovery from the injuries you picked up, then this can be arranged by your solicitors who can make sure that you get all of the necessary treatment as quickly as possible, and with the costs being covered by the general damages you’ll be entitled to.
When your claim is being processed, your solicitors should ask you about any special damages that you want to have included in your claim. These could be things such as a loss of earnings, due to you not being able to work because of the injuries that you sustained in the accident. If you have serious injuries, then this can also be for your recovery and treatment, as well as any medication you may need or any visits to medical specialists.
You can also claim costs for any damage to your vehicle, as well as the costs that you may have incurred if you had to hire a replacement vehicle to use while your own one was being repaired. Most solicitors will be able to arrange an experienced mechanic to thoroughly assess the damage to your vehicles, as well as have someone request any necessary information that may be required from your employer in order to proceed with the claim.
Finding a solicitor to represent you
If you’ve been involved in a road accident, and would like to press ahead with making a claim, the first thing you will need to do is to find a solicitor to represent you.
There are a number of law firms that specialize in road traffic accidents, and these are the ones that you should be talking to. You want to be represented by a lawyer that has experience in road accidents, and who will have the knowledge to proceed with your claim.
It’s important that you contact your solicitor as quickly as possible following a traffic accident, as they will need to start establishing the facts as quickly as possible. As mentioned earlier, the first thing that they are going to need to do is to establish liability of the accident. Once that has been undertaken, then the process can start for making your claim.